Ornamental cover

ABSTRACT

An ornamental cover at least partially covers an aberration on a mounting surface having an angled disposition, such as a corner of a structure. The ornamental cover includes a first plate and a second plate that hingedly join together at a hinge. The first plate includes a first inner surface, a first outer surface, and at least one first edge. The first edge is configured into a first ornamental design. The first plate includes at least one first aperture to help in mounting the first plate to the mounting surface. The second plate includes a second inner surface, a second outer surface, and at least one second edge. The second plate may include at least one second aperture to help in mounting the first plate to the mounting surface. The at least one second edge is cut into a second ornamental design that matches the first edge.

CROSS-REFERENCE TO RELATED APPLICATIONS

The present Utility patent application claims priority benefit of theU.S. provisional application for patent Ser. No. 62/177,654 V.P.Decorative End Caps, 23 Mar. 2015 under 35 U.S.C. 119(e). The contentsof this related provisional application are incorporated herein byreference for all purposes to the extent that such subject matter is notinconsistent herewith or limiting hereof.

RELATED CO-PENDING U.S. PATENT APPLICATIONS

Not applicable.

FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT

Not applicable.

REFERENCE TO SEQUENCE LISTING, A TABLE, OR A COMPUTER LISTING APPENDIX

Not applicable.

COPYRIGHT NOTICE

A portion of the disclosure of this patent document contains materialthat is subject to copyright protection by the author thereof. Thecopyright owner has no objection to the facsimile reproduction by anyoneof the patent document or patent disclosure for the purposes ofreferencing as patent prior art, as it appears in the Patent andTrademark Office, patent file or records, but otherwise reserves allcopyright rights whatsoever.

FIELD OF THE INVENTION

One or more embodiments of the invention generally relate to anornamental cover that at least partially covers a mounting surface. Moreparticularly, the invention relates to an ornamental cover having afirst plate and a second plate having a generally ornamental design andforming a hinged relationship for mounting to a mounting surface to atleast partially cover an aberration on the mounting surface.

BACKGROUND OF THE INVENTION

The following background information may present examples of specificaspects of the prior art (e.g., without limitation, approaches, facts,or common wisdom) that, while expected to be helpful to further educatethe reader as to additional aspects of the prior art, is not to beconstrued as limiting the present invention, or any embodiments thereof,to anything stated or implied therein or inferred thereupon.

The following is an example of a specific aspect in the prior art that,while expected to be helpful to further educate the reader as toadditional aspects of the prior art, is not to be construed as limitingthe present invention, or any embodiments thereof, to anything stated orimplied therein or inferred thereupon. By way of educational background,another aspect of the prior art generally useful to be aware of is thatcellular phone accessories are an integral part of moderncommunications. The accessories may include any hardware or softwarethat is not integral to the operation of a mobile phone as designed bythe manufacturer.

Typically, a fascia is an architectural term for a vertical frieze orband under a roof edge, or which forms the outer surface of a cornice,visible to an observer. Typically consisting of a wooden board, upvc, ornon-corrosive sheet metal, many of the non-domestic fascia made of stoneform an ornately carved or pieced together cornice.

Often, aberrations, such as cracks, fissures, stress points, and peelingpaint form on these external structures. These aberrations are unsightlyand generally reduce the value of a structure. Further, externalelements can enter through the aberration. Additionally, the aberrationincreases in size unless a brace or seal is applied thereon. It isbeneficial to remove the aberration or cover the aberration with adecorative object.

It is known that a hinge is movable joint or mechanism on which a door,gate, or lid swings as it opens and closes, or that connects linkedobjects. The hinge is configured to pivot multiple panels against acorner fascia, or a flat surface. The hinge can be fixed at a desiredangle.

In view of the foregoing, it is clear that these traditional techniquesare not perfect and leave room for more optimal approaches.

BRIEF DESCRIPTION OF THE DRAWINGS

The present invention is illustrated by way of example, and not by wayof limitation, in the figures of the accompanying drawings and in whichlike reference numerals refer to similar elements and in which:

FIG. 1 illustrates a backside perspective view of an exemplaryornamental cover, in accordance with an embodiment of the presentinvention;

FIG. 2 illustrates a front side perspective view of the ornamental coverangled at a small angle, in accordance with an embodiment of the presentinvention;

FIG. 3 illustrates a front side perspective view of the ornamental coverangled at a large angle, in accordance with an embodiment of the presentinvention;

FIG. 4 illustrates a close up view of an exemplary first plate having anexemplary protrusion and an exemplary aperture, in accordance with anembodiment of the present invention;

FIG. 5 illustrates a perspective view of an exemplary mounting surface,in accordance with an embodiment of the present invention;

FIG. 6 illustrates a perspective view of the ornamental cover and anexemplary fastener positioned over the mounting surface, in accordancewith an embodiment of the present invention;

FIG. 7 illustrates a perspective view of the ornamental cover at leastpartially covering the mounting surface, in accordance with anembodiment of the present invention; and

FIG. 8 illustrates a backside perspective view of an exemplary fixedornamental cover having no hinge, in accordance with an embodiment ofthe present invention.

Unless otherwise indicated illustrations in the figures are notnecessarily drawn to scale.

DETAILED DESCRIPTION OF SOME EMBODIMENTS

The present invention is best understood by reference to the detailedfigures and description set forth herein.

Embodiments of the invention are discussed below with reference to theFigures. However, those skilled in the art will readily appreciate thatthe detailed description given herein with respect to these figures isfor explanatory purposes as the invention extends beyond these limitedembodiments. For example, it should be appreciated that those skilled inthe art will, in light of the teachings of the present invention,recognize a multiplicity of alternate and suitable approaches, dependingupon the needs of the particular application, to implement thefunctionality of any given detail described herein, beyond theparticular implementation choices in the following embodiments describedand shown. That is, there are modifications and variations of theinvention that are too numerous to be listed but that all fit within thescope of the invention. Also, singular words should be read as pluraland vice versa and masculine as feminine and vice versa, whereappropriate, and alternative embodiments do not necessarily imply thatthe two are mutually exclusive.

It is to be further understood that the present invention is not limitedto the particular methodology, compounds, materials, manufacturingtechniques, uses, and applications, described herein, as these may vary.It is also to be understood that the terminology used herein is used forthe purpose of describing particular embodiments only, and is notintended to limit the scope of the present invention. It must be notedthat as used herein and in the appended claims, the singular forms “a,”“an,” and “the” include the plural reference unless the context clearlydictates otherwise. Thus, for example, a reference to “an element” is areference to one or more elements and includes equivalents thereof knownto those skilled in the art. Similarly, for another example, a referenceto “a step” or “a means” is a reference to one or more steps or meansand may include sub-steps and subservient means. All conjunctions usedare to be understood in the most inclusive sense possible. Thus, theword “or” should be understood as having the definition of a logical“or” rather than that of a logical “exclusive or” unless the contextclearly necessitates otherwise. Structures described herein are to beunderstood also to refer to functional equivalents of such structures.Language that may be construed to express approximation should be sounderstood unless the context clearly dictates otherwise.

All words of approximation as used in the present disclosure and claimsshould be construed to mean “approximate,” rather than “perfect,” andmay accordingly be employed as a meaningful modifier to any other word,specified parameter, quantity, quality, or concept. Words ofapproximation, include, yet are not limited to terms such as“substantial”, “nearly”, “almost”, “about”, “generally”, “largely”,“essentially”, “closely approximate”, etc.

As will be established in some detail below, is well settle law, asearly as 1939, that words of approximation are not indefinite in theclaims even when such limits are not defined or specified in thespecification.

For example, see Ex parte Mallory, 52 USPQ 297, 297 (Pat. Off. Bd. App.1941) where the court said “The examiner has held that most of theclaims are inaccurate because apparently the laminar film will not beentirely eliminated. The claims specify that the film is “substantially”eliminated and for the intended purpose, it is believed that the slightion of the film which may remain is negligible. We are of the view,therefore, that the claims may be regarded as sufficiently accurate.”

Note that claims need only “reasonably apprise those skilled in the art”as to their scope to satisfy the definiteness requirement. See EnergyAbsorption Sys., Inc. v. Roadway Safety Servs., Inc., Civ. App. 96-1264,slip op. at 10 (Fed. Cir. Jul. 3, 1997) (unpublished) Hybridtech v.Monoclonal Antibodies, Inc., 802 F.2d 1367, 1385, 231 USPQ 81, 94 (Fed.Cir. 1986), cert. denied, 480 U.S. 947 (1987). In addition, the use ofmodifiers in the claim, like “generally” and “substantial,” does not byitself render the claims indefinite. See Seattle Box Co. v. IndustrialCrating & Packing, Inc., 731 F.2d 818, 828-29, 221 USPQ 568, 575-76(Fed. Cir. 1984).

Moreover, the ordinary and customary meaning of terms like“substantially” includes “reasonably close to: nearly, almost, about”,connoting a term of approximation. See In re Frye, Appeal No.2009-006013, 94 USPQ2d 1072, 1077, 2010 WL 889747 (B.P.A.I. 2010)Depending on its usage, the word “substantially” can denote eitherlanguage of approximation or language of magnitude. Deering PrecisionInstruments, L.L.C. v. Vector Distribution Sys., Inc., 347 F.3d 1314,1323 (Fed. Cir. 2003) (recognizing the “dual ordinary meaning of th[e]term [“substantially”] as connoting a term of approximation or a term ofmagnitude”). Here, when referring to the “substantially halfway”limitation, the Specification uses the word “approximately” as asubstitute for the word “substantially” (Fact 4). (Fact 4). The ordinarymeaning of “substantially halfway” is thus reasonably close to or nearlyat the midpoint between the forwardmost point of the upper or outsoleand the rearwardmost point of the upper or outsole.

Similarly, term ‘substantially’ is well recognize in case law to havethe dual ordinary meaning of connoting a term of approximation or a termof magnitude. See Dana Corp. v. American Axle & Manufacturing, Inc.,Civ. App. 04-1116, 2004 U.S. App. LEXIS 18265, *13-14 (Fed. Cir. Aug.27, 2004) (unpublished). The term “substantially” is commonly used byclaim drafters to indicate approximation. See Cordis Corp. v. MedtronicAVE Inc., 339 F.3d 1352, 1360 (Fed. Cir. 2003) (“The patents do not setout any numerical standard by which to determine whether the thicknessof the wall surface is ‘substantially uniform.’ The term‘substantially,’ as used in this context, denotes approximation. Thus,the walls must be of largely or approximately uniform thickness.”); seealso Deering Precision Instruments, LLC v. Vector Distribution Sys.,Inc., 347 F.3d 1314, 1322 (Fed. Cir. 2003); Epcon Gas Sys., Inc. v.Bauer Compressors, Inc., 279 F.3d 1022, 1031 (Fed. Cir. 2002). We findthat the term “substantially” was used in just such a manner in theclaims of the patents-in-suit: “substantially uniform wall thickness”denotes a wall thickness with approximate uniformity.

It should also be noted that such words of approximation as contemplatedin the foregoing clearly limits the scope of claims such as saying‘generally parallel’ such that the adverb ‘generally’ does not broadenthe meaning of parallel. Accordingly, it is well settled that such wordsof approximation as contemplated in the foregoing (e.g., like the phrase‘generally parallel’) envisions some amount of deviation from perfection(e.g., not exactly parallel), and that such words of approximation ascontemplated in the foregoing are descriptive terms commonly used inpatent claims to avoid a strict numerical boundary to the specifiedparameter. To the extent that the plain language of the claims relyingon such words of approximation as contemplated in the foregoing areclear and uncontradicted by anything in the written description hereinor the figures thereof, it is improper to rely upon the present writtendescription, the figures, or the prosecution history to add limitationsto any of the claim of the present invention with respect to such wordsof approximation as contemplated in the foregoing. That is, under suchcircumstances, relying on the written description and prosecutionhistory to reject the ordinary and customary meanings of the wordsthemselves is impermissible. See, for example, Liquid Dynamics Corp. v.Vaughan Co., 355 F.3d 1361, 69 USPQ2d 1595, 1600-01 (Fed. Cir. 2004).The plain language of phrase 2 requires a “substantial helical flow.”The term “substantial” is a meaningful modifier implying “approximate,”rather than “perfect.” In Cordis Corp. v. Medtronic AVE, Inc., 339 F.3d1352, 1361 (Fed. Cir. 2003), the district court imposed a precisenumeric constraint on the term “substantially uniform thickness.” Wenoted that the proper interpretation of this term was “of largely orapproximately uniform thickness” unless something in the prosecutionhistory imposed the “clear and unmistakable disclaimer” needed fornarrowing beyond this simple-language interpretation. Id. In Anchor WallSystems v. Rockwood Retaining Walls, Inc., 340 F.3d 1298, 1311 (Fed.Cir. 2003)” Id. at 1311. Similarly, the plain language of claim 1requires neither a perfectly helical flow nor a flow that returnsprecisely to the center after one rotation (a limitation that arisesonly as a logical consequence of requiring a perfectly helical flow).

The reader should appreciate that case law generally recognizes a dualordinary meaning of such words of approximation, as contemplated in theforegoing, as connoting a term of approximation or a term of magnitude;e.g., see Deering Precision Instruments, L.L.C. v. Vector Distrib. Sys.,Inc., 347 F.3d 1314, 68 USPQ2d 1716, 1721 (Fed. Cir. 2003), cert.denied, 124 S. Ct. 1426 (2004) where the court was asked to construe themeaning of the term “substantially” in a patent claim. Also see Epcon,279 F.3d at 1031 (“The phrase ‘substantially constant’ denotes languageof approximation, while the phrase ‘substantially below’ signifieslanguage of magnitude, i.e., not insubstantial.”). Also, see, e.g.,Epcon Gas Sys., Inc. v. Bauer Compressors, Inc., 279 F.3d 1022 (Fed.Cir. 2002) (construing the terms “substantially constant” and“substantially below”); Zodiac Pool Care, Inc. v. Hoffinger Indus.,Inc., 206 F.3d 1408 (Fed. Cir. 2000) (construing the term “substantiallyinward”); York Prods., Inc. v. Cent. Tractor Farm & Family Ctr., 99 F.3d1568 (Fed. Cir. 1996) (construing the term “substantially the entireheight thereof”); Tex. Instruments Inc. v. Cypress Semiconductor Corp.,90 F.3d 1558 (Fed. Cir. 1996) (construing the term “substantially in thecommon plane”). In conducting their analysis, the court instructed tobegin with the ordinary meaning of the claim terms to one of ordinaryskill in the art. Prima Tek, 318 F.3d at 1148. Reference to dictionariesand our cases indicates that the term “substantially” has numerousordinary meanings. As the district court stated, “substantially” canmean “significantly” or “considerably.” The term “substantially” canalso mean “largely” or “essentially.” Webster's New 20th CenturyDictionary 1817 (1983).

Words of approximation, as contemplated in the foregoing, may also beused in phrases establishing approximate ranges or limits, where the endpoints are inclusive and approximate, not perfect; e.g., see AK SteelCorp. v. Sollac, 344 F.3d 1234, 68 USPQ2d 1280, 1285 (Fed. Cir. 2003)where it where the court said [W]e conclude that the ordinary meaning ofthe phrase “up to about 10%” includes the “about 10%” endpoint. Aspointed out by AK Steel, when an object of the preposition “up to” isnonnumeric, the most natural meaning is to exclude the object (e.g.,painting the wall up to the door). On the other hand, as pointed out bySollac, when the object is a numerical limit, the normal meaning is toinclude that upper numerical limit (e.g., counting up to ten, seatingcapacity for up to seven passengers). Because we have here a numericallimit—“about 10%”—the ordinary meaning is that that endpoint isincluded.

In the present specification and claims, a goal of employment of suchwords of approximation, as contemplated in the foregoing, is to avoid astrict numerical boundary to the modified specified parameter, assanctioned by Pall Corp. v. Micron Separations, Inc., 66 F.3d 1211,1217, 36 USPQ2d 1225, 1229 (Fed. Cir. 1995) where it states “It is wellestablished that when the term “substantially” serves reasonably todescribe the subject matter so that its scope would be understood bypersons in the field of the invention, and to distinguish the claimedsubject matter from the prior art, it is not indefinite.” Likewise seeVerve LLC v. Crane Cams Inc., 311 F.3d 1116, 65 USPQ2d 1051, 1054 (Fed.Cir. 2002). Expressions such as “substantially” are used in patentdocuments when warranted by the nature of the invention, in order toaccommodate the minor variations that may be appropriate to secure theinvention. Such usage may well satisfy the charge to “particularly pointout and distinctly claim” the invention, 35 U.S.C. §112, and indeed maybe necessary in order to provide the inventor with the benefit of hisinvention. In Andrew Corp. v. Gabriel Elecs. Inc., 847 F.2d 819, 821-22,6 USPQ2d 2010, 2013 (Fed. Cir. 1988) the court explained that usagessuch as “substantially equal” and “closely approximate” may serve todescribe the invention with precision appropriate to the technology andwithout intruding on the prior art. The court again explained in EcolabInc. v. Envirochem, Inc., 264 F.3d 1358, 1367, 60 USPQ2d 1173, 1179(Fed. Cir. 2001) that “like the term ‘about,’ the term ‘substantially’is a descriptive term commonly used in patent claims to ‘avoid a strictnumerical boundary to the specified parameter, see Ecolab Inc. v.Envirochem Inc., 264 F.3d 1358, 60 USPQ2d 1173, 1179 (Fed. Cir. 2001)where the court found that the use of the term “substantially” to modifythe term “uniform” does not render this phrase so unclear such thatthere is no means by which to ascertain the claim scope.

Similarly, other courts have noted that like the term “about,” the term“substantially” is a descriptive term commonly used in patent claims to“avoid a strict numerical boundary to the specified parameter.”; e.g.,see Pall Corp. v. Micron Seps., 66 F.3d 1211, 1217, 36 USPQ2d 1225, 1229(Fed. Cir. 1995); see, e.g., Andrew Corp. v. Gabriel Elecs. Inc., 847F.2d 819, 821-22, 6 USPQ2d 2010, 2013 (Fed. Cir. 1988) (noting thatterms such as “approach each other,” “close to,” “substantially equal,”and “closely approximate” are ubiquitously used in patent claims andthat such usages, when serving reasonably to describe the claimedsubject matter to those of skill in the field of the invention, and todistinguish the claimed subject matter from the prior art, have beenaccepted in patent examination and upheld by the courts). In this case,“substantially” avoids the strict 100% nonuniformity boundary.

Indeed, the foregoing sanctioning of such words of approximation, ascontemplated in the foregoing, has been established as early as 1939,see Ex parte Mallory, 52 USPQ 297, 297 (Pat. Off. Bd. App. 1941) where,for example, the court said “the claims specify that the film is“substantially” eliminated and for the intended purpose, it is believedthat the slight ion of the film which may remain is negligible. We areof the view, therefore, that the claims may be regarded as sufficientlyaccurate.” Similarly, In re Hutchison, 104 F.2d 829, 42 USPQ 90, 93(C.C.P.A. 1939) the court said “It is realized that “substantialdistance” is a relative and somewhat indefinite term, or phrase, butterms and phrases of this character are not uncommon in patents in caseswhere, according to the art involved, the meaning can be determined withreasonable clearness.”

Hence, for at least the forgoing reason, Applicants submit that it isimproper for any examiner to hold as indefinite any claims of thepresent patent that employ any words of approximation.

Unless defined otherwise, all technical and scientific terms used hereinhave the same meanings as commonly understood by one of ordinary skillin the art to which this invention belongs. Preferred methods,techniques, devices, and materials are described, although any methods,techniques, devices, or materials similar or equivalent to thosedescribed herein may be used in the practice or testing of the presentinvention. Structures described herein are to be understood also torefer to functional equivalents of such structures. The presentinvention will now be described in detail with reference to embodimentsthereof as illustrated in the accompanying drawings.

From reading the present disclosure, other variations and modificationswill be apparent to persons skilled in the art. Such variations andmodifications may involve equivalent and other features which arealready known in the art, and which may be used instead of or inaddition to features already described herein.

Although Claims have been formulated in this Application to particularcombinations of features, it should be understood that the scope of thedisclosure of the present invention also includes any novel feature orany novel combination of features disclosed herein either explicitly orimplicitly or any generalization thereof, whether or not it relates tothe same invention as presently claimed in any Claim and whether or notit mitigates any or all of the same technical problems as does thepresent invention.

Features which are described in the context of separate embodiments mayalso be provided in combination in a single embodiment. Conversely,various features which are, for brevity, described in the context of asingle embodiment, may also be provided separately or in any suitablesubcombination. The Applicants hereby give notice that new Claims may beformulated to such features and/or combinations of such features duringthe prosecution of the present Application or of any further Applicationderived therefrom.

References to “one embodiment,” “an embodiment,” “example embodiment,”“various embodiments,” “some embodiments,” “embodiments of theinvention,” etc., may indicate that the embodiment(s) of the inventionso described may include a particular feature, structure, orcharacteristic, but not every possible embodiment of the inventionnecessarily includes the particular feature, structure, orcharacteristic. Further, repeated use of the phrase “in one embodiment,”or “in an exemplary embodiment,” “an embodiment,” do not necessarilyrefer to the same embodiment, although they may. Moreover, any use ofphrases like “embodiments” in connection with “the invention” are nevermeant to characterize that all embodiments of the invention must includethe particular feature, structure, or characteristic, and should insteadbe understood to mean “at least some embodiments of the invention”includes the stated particular feature, structure, or characteristic.

References to “user”, or any similar term, as used herein, may mean ahuman or non-human user thereof. Moreover, “user”, or any similar term,as used herein, unless expressly stipulated otherwise, is contemplatedto mean users at any stage of the usage process, to include, withoutlimitation, direct user(s), intermediate user(s), indirect user(s), andend user(s). The meaning of “user”, or any similar term, as used herein,should not be otherwise inferred or induced by any pattern(s) ofdescription, embodiments, examples, or referenced prior-art that may (ormay not) be provided in the present patent.

References to “end user”, or any similar term, as used herein, isgenerally intended to mean late stage user(s) as opposed to early stageuser(s). Hence, it is contemplated that there may be a multiplicity ofdifferent types of “end user” near the end stage of the usage process.Where applicable, especially with respect to distribution channels ofembodiments of the invention comprising consumed retailproducts/services thereof (as opposed to sellers/vendors or OriginalEquipment Manufacturers), examples of an “end user” may include, withoutlimitation, a “consumer”, “buyer”, “customer”, “purchaser”, “shopper”,“enjoyer”, “viewer”, or individual person or non-human thing benefitingin any way, directly or indirectly, from use or interaction, with someaspect of the present invention.

In some situations, some embodiments of the present invention mayprovide beneficial usage to more than one stage or type of usage in theforegoing usage process. In such cases where multiple embodimentstargeting various stages of the usage process are described, referencesto “end user”, or any similar term, as used therein, are generallyintended to not include the user that is the furthest removed, in theforegoing usage process, from the final user therein of an embodiment ofthe present invention.

Where applicable, especially with respect to retail distributionchannels of embodiments of the invention, intermediate user(s) mayinclude, without limitation, any individual person or non-human thingbenefiting in any way, directly or indirectly, from use of, orinteraction with, some aspect of the present invention with respect toselling, vending, Original Equipment Manufacturing, marketing,merchandising, distributing, service providing, and the like thereof.

References to “person”, “individual”, “human”, “a party”, “animal”,“creature”, or any similar term, as used herein, even if the context orparticular embodiment implies living user, maker, or participant, itshould be understood that such characterizations are sole by way ofexample, and not limitation, in that it is contemplated that any suchusage, making, or participation by a living entity in connection withmaking, using, and/or participating, in any way, with embodiments of thepresent invention may be substituted by such similar performed by asuitably configured non-living entity, to include, without limitation,automated machines, robots, humanoids, computational systems,information processing systems, artificially intelligent systems, andthe like. It is further contemplated that those skilled in the art willreadily recognize the practical situations where such living makers,users, and/or participants with embodiments of the present invention maybe in whole, or in part, replaced with such non-living makers, users,and/or participants with embodiments of the present invention. Likewise,when those skilled in the art identify such practical situations wheresuch living makers, users, and/or participants with embodiments of thepresent invention may be in whole, or in part, replaced with suchnon-living makers, it will be readily apparent in light of the teachingsof the present invention how to adapt the described embodiments to besuitable for such non-living makers, users, and/or participants withembodiments of the present invention. Thus, the invention is thus toalso cover all such modifications, equivalents, and alternatives fallingwithin the spirit and scope of such adaptations and modifications, atleast in part, for such non-living entities.

Headings provided herein are for convenience and are not to be taken aslimiting the disclosure in any way.

The enumerated listing of items does not imply that any or all of theitems are mutually exclusive, unless expressly specified otherwise.

It is understood that the use of specific component, device and/orparameter names are for example only and not meant to imply anylimitations on the invention. The invention may thus be implemented withdifferent nomenclature/terminology utilized to describe themechanisms/units/structures/components/devices/parameters herein,without limitation. Each term utilized herein is to be given itsbroadest interpretation given the context in which that term isutilized.

Terminology. The following paragraphs provide definitions and/or contextfor terms found in this disclosure (including the appended claims):

“Comprising.” This term is open-ended. As used in the appended claims,this term does not foreclose additional structure or steps. Consider aclaim that recites: “A memory controller comprising a system cache . . ..” Such a claim does not foreclose the memory controller from includingadditional components (e.g., a memory channel unit, a switch).

“Configured To.” Various units, circuits, or other components may bedescribed or claimed as “configured to” perform a task or tasks. In suchcontexts, “configured to” or “operable for” is used to connote structureby indicating that the mechanisms/units/circuits/components includestructure (e.g., circuitry and/or mechanisms) that performs the task ortasks during operation. As such, the mechanisms/unit/circuit/componentcan be said to be configured to (or be operable) for perform(ing) thetask even when the specified mechanisms/unit/circuit/component is notcurrently operational (e.g., is not on). Themechanisms/units/circuits/components used with the “configured to” or“operable for” language include hardware—for example, mechanisms,structures, electronics, circuits, memory storing program instructionsexecutable to implement the operation, etc. Reciting that amechanism/unit/circuit/component is “configured to” or “operable for”perform(ing) one or more tasks is expressly intended not to invoke 35U.S.C. .sctn.112, sixth paragraph, for thatmechanism/unit/circuit/component. “Configured to” may also includeadapting a manufacturing process to fabricate devices or components thatare adapted to implement or perform one or more tasks.

“Based On.” As used herein, this term is used to describe one or morefactors that affect a determination. This term does not forecloseadditional factors that may affect a determination. That is, adetermination may be solely based on those factors or based, at least inpart, on those factors. Consider the phrase “determine A based on B.”

While B may be a factor that affects the determination of A, such aphrase does not foreclose the determination of A from also being basedon C. In other instances, A may be determined based solely on B.

The terms “a”, “an” and “the” mean “one or more”, unless expresslyspecified otherwise.

Unless otherwise indicated, all numbers expressing conditions,concentrations, dimensions, and so forth used in the specification andclaims are to be understood as being modified in all instances by theterm “about.” Accordingly, unless indicated to the contrary, thenumerical parameters set forth in the following specification andattached claims are approximations that may vary depending at least upona specific analytical technique.

The term “comprising,” which is synonymous with “including,”“containing,” or “characterized by” is inclusive or open-ended and doesnot exclude additional, unrecited elements or method steps. “Comprising”is a term of art used in claim language which means that the named claimelements are essential, but other claim elements may be added and stillform a construct within the scope of the claim.

As used herein, the phase “consisting of” excludes any element, step, oringredient not specified in the claim. When the phrase “consists of” (orvariations thereof) appears in a clause of the body of a claim, ratherthan immediately following the preamble, it limits only the element setforth in that clause; other elements are not excluded from the claim asa whole. As used herein, the phase “consisting essentially of” limitsthe scope of a claim to the specified elements or method steps, plusthose that do not materially affect the basis and novelcharacteristic(s) of the claimed subject matter.

With respect to the terms “comprising,” “consisting of,” and “consistingessentially of,” where one of these three terms is used herein, thepresently disclosed and claimed subject matter may include the use ofeither of the other two terms. Thus in some embodiments not otherwiseexplicitly recited, any instance of “comprising” may be replaced by“consisting of” or, alternatively, by “consisting essentially of.”

Devices or system modules that are in at least general communicationwith each other need not be in continuous communication with each other,unless expressly specified otherwise. In addition, devices or systemmodules that are in at least general communication with each other maycommunicate directly or indirectly through one or more intermediaries.

A description of an embodiment with several components in communicationwith each other does not imply that all such components are required. Onthe contrary a variety of optional components are described toillustrate the wide variety of possible embodiments of the presentinvention.

As is well known to those skilled in the art many careful considerationsand compromises typically must be made when designing for the optimalmanufacture of a commercial implementation any system, and inparticular, the embodiments of the present invention. A commercialimplementation in accordance with the spirit and teachings of thepresent invention may configured according to the needs of theparticular application, whereby any aspect(s), feature(s), function(s),result(s), component(s), approach(es), or step(s) of the teachingsrelated to any described embodiment of the present invention may besuitably omitted, included, adapted, mixed and matched, or improvedand/or optimized by those skilled in the art, using their average skillsand known techniques, to achieve the desired implementation thataddresses the needs of the particular application.

The present invention will now be described in detail with reference toembodiments thereof as illustrated in the accompanying drawings.

There are various types of ornamental covers that overlay a mountingsurfaces that may be provided by preferred embodiments of the presentinvention. In one embodiment of the present invention, an ornamentalcover may be configured to at least partially cover an aberration on amounting surface having an angled disposition, such as a corner of astructure. The ornamental cover may include a first plate and a secondplate that join together at a hinge. The first plate has a first edge.The second plate has a second edge. The edges of the plates may beformed into ornamental designs that complement each other. Theornamental shape may include, without limitation, curves, angles,zig-zags, and floral arcs.

In some embodiments, the plates may form a hinged relationship forenabling the plates to match the contour of the mounting surface formounting. Specifically, the plates pivot at an angle that matches thecontour of the mounting surface and engage the mounting surface over anaberration. In this manner the plates may at least partially cover theaberration in difficult to cover areas, such as corners of buildings,roof trusses, cornices, fascia, and the like.

The plates are configured to form a snug engagement with the mountingsurface through a plurality of protrusions and at least one fastener.The first plate comprises a first inner surface and a first outersurface. The second plate comprises a second inner surface and a secondouter surface.

The inner surface for each plate includes a plurality of protrusionsthat are disposed in a spaced-apart relationship. The protrusionspenetrate the mounting surface for at least partially fastening theplates to the mounting surface.

The first plate comprises at least one first aperture. The second platecomprises at least on second aperture. The apertures enable passage of afastener for at least partially fastening the plates to the mountingsurface.

FIG. 1 illustrates a backside perspective view of an exemplaryornamental cover 100, in accordance with an embodiment of the presentinvention. In one aspect, an ornamental cover may be configured to atleast partially cover an aberration on a mounting surface having anangled disposition, such as a corner of a structure.

The ornamental cover may include a first plate 102 and a second plate104 that hingedly join together at a hinge 118. The first plate isdefined by a first inner surface, a first outer surface 106, and atleast one first edge 114. The at least one first edge may include a topedge, bottom edge and vertical edge that aligns with the hinge. Thefirst edge may be cut into a first ornamental design. The first platemay further include at least one first aperture 110 to help in mountingthe first plate to the mounting surface by receiving at least onefastener.

The second plate is defined by a second inner surface, a second outersurface 108, and at least one second edge 116. The second plate mayfurther include at least one second aperture 112 to help in mounting thefirst late to the mounting surface by receiving at least one fastener.The at least one second edge may include a top edge, a bottom edge, anda vertical edge opposite the hinge of the first plate that is cut into asecond ornamental design that matches the first ornamental design of thefirst edge. Suitable materials for the first plate and the second platemay include, without limitation, aluminum alloys, iron, steel, brass,polyvinyl chloride (PVC), high-density polyethylene (HDPE), variouswoods and clay, rubber, and plaster.

The respective edges of the plates may be formed into a first ornamentaldesign and a second ornamental design that complement each other. Theornamental shape may include, without limitation, curves, angles,zig-zags, and arcs. In one possible embodiment, the plates are shaped asfloral designs in an arced pattern, and extended for an additional 2″ ofwidth. In this manner, decorative textural enhancement of a structuremay be achieved. In some embodiments, the plates may take the form ofbrackets, dentils, pendants, coping and modillions. In one embodiment,the ornamental cover may be sized at 7″ in length, and each plate of thestructure measures approximately 2½″ in width.

In one embodiment, the plates hinge at an angle between 20° to 180°.Though the angle may be increased or decreased by pivoting with plate.In one possible embodiment, the plates may also be pivoted to press flatagainst a planar mounting surface. In some embodiments, the plates mayform a hinged relationship for enabling the plates to match the contourof the mounting surface. Specifically, the plates pivot at an angle thatmatches the contour of the mounting surface and engage the mountingsurface over an aberration. In this manner the plates may at leastpartially cover the aberration in difficult to cover areas, such ascorners of buildings, roof trusses, cornices, fascia, and the like. Inone alternative embodiment, the plates attach to corners of exteriorwalls, taking the appearance of a quoin

FIG. 2 illustrates a front side perspective view of the ornamental coverangled at a small angle, in accordance with an embodiment of the presentinvention. In one aspect, the plates serve to visually conceal theaberrations. A first inner surface 202 of the first plate overlays themounting surface. A second inner surface 204 of the second plate alsooverlays the mounting surface opposite from the first plate. Thisenhances the overall structure.

Those skilled in the art will recognize that selling a structure may bedifficult when aberrations are visible thereon. The plates also form asnug fit, such that the aberrations do not increase in size. Forexample, a crack is not allowed to grow along the mounting surface,since the plates create pressure directly on the crack. In someembodiments, the plates may also cover a sufficient portion of theabrasion, such that moisture, air, and pests are inhibited fromentering. This is especially useful to seal cracks, fissures, and holesin the mounting surface.

In some embodiments, the plates may have concave and convex shape, or ina shape that can be applied to both corners and sunken corners. In oneembodiment at least one gasket 206 positions in the aperture to fit intothe gasket from the respective inner surface of the plates. The gasketforms a resilient cushion for the inner surfaces of the plates, so as tominimize damage to the mounting surface.

FIG. 3 illustrates a front side perspective view of the ornamental coverangled at a large angle, in accordance with an embodiment of the presentinvention. In one aspect, the angle between the plates may be increasedto accommodate a larger mounting surface. For example, as shown in FIG.3, a 115° angle may be formed. In any case, the plates hingedly move toconform to the shape of the mounting surface. For example, the platesmay be configured to form a snug engagement with the mounting surfacethrough a plurality of first protrusions 208 that extend from the firstinner surface of the first plate, a plurality of second protrusions 210that extend from the first inner surface of the first plate, and atleast one fastener that passes through the first and second apertures.

FIG. 4 illustrates a close up view of an exemplary first plate having anexemplary protrusion and an exemplary aperture, in accordance with anembodiment of the present invention. In one aspect, the inner surfacefor each plate includes a plurality of protrusions that are disposed ina spaced-apart relationship. In one embodiment, the protrusions have asharp point that is configured to penetrate a material, such as wood,dry wall, aluminum siding, stucco, and plaster. The protrusionspenetrate the mounting surface for at least partially fastening theplates to the mounting surface. In one embodiment, the protrusions gripinto the mounting surface and pull the seam of a corner tight to preventthe seam from separating. Though, in some embodiments, the plates maynot utilize the protrusions. In one embodiment, each plate has fourteenprotrusions that are made of the same aluminum alloy as the ornamentalcover.

In some embodiments, the first plate may include at least one firstaperture. The second plate may also include at least one secondaperture. The apertures enable passage of a fastener for at leastpartially fastening the plates to the mounting surface. In oneembodiment, each plate has two apertures. A gasket may fit around theaperture from the respective inner surface of the plates. The gasketforms a resilient cushion for the inner surfaces of the plates, so as tominimize damage to the mounting surface. The gasket may include, withoutlimitation, an O-ring rubber gasket, resilient plastics, or caulking.The gasket may also provide weather proofing by insulating againstmoisture and air. In one embodiment, the at least one gasket includesfour O-ring gaskets of at least a ⅛″ depth

FIG. 5 illustrates a perspective view of an exemplary mounting surface,in accordance with an embodiment of the present invention. In oneaspect, a mounting surface 500 is configured to receive the ornamentalcover. The mounting surface may include an angled mounting surface or aflat mounting surface. Possible mounting surfaces may include, withoutlimitation, a corner on a structure, a fascia, a cornice, a crownmolding, a roof truss, a roof gutter, and a window pane. An aberration502 that forms on the mounting surface may include, without limitationfissures, cracks, tears, holes, and peeling paint. The ornamental coverat least partially covers and helps maintain structural integrity of theaberration.

FIG. 6 illustrates a perspective view of the ornamental cover and anexemplary fastener positioned over the mounting surface, in accordancewith an embodiment of the present invention. In one aspect, at least onfastener 600 helps retain the first plate and the second plate on themounting surface. The fastener passes through the first aperture and thesecond aperture, respectively. The fastener may include, withoutlimitation, a screw, a bolt, a welded panel, a magnet, an adhesive, anda friction fit.

FIG. 7 illustrates a perspective view of the ornamental cover at leastpartially covering the mounting surface, in accordance with anembodiment of the present invention. In one aspect, the aberration is atleast partially covered. The aberration may include, without limitation,a crack, a fissure, a warped panel, and a panel with peeling paint.Consequently, the ornamental cover helps ensure that the aberration,such as a crack, is decoratively covered, that the crack will not getworse, and that outdoor elements are inhibited from entering the crackand structure.

FIG. 8 illustrates a backside perspective view of an exemplary fixedornamental cover having no hinge, in accordance with an embodiment ofthe present invention. In one aspect, a fixed ornamental cover 800having a first plate and a second plate that form a fixed, angleddisposition relative to each other. In this alternative embodiment, theornamental cover does not include a hinge, and therefore does not pivot.Rather a fixed axis 802 bifurcates the plates. This may be useful forprefabricated ornamental covers that cover mounting surface known in theart, such as a standard 180° corner, or a 45° cornice.

In one alternative embodiment, the ornamental cover may further includea third plate that pivotally joins the second plate. The third plateextends the coverage area of the ornamental cover. In anotheralternative embodiment, the inner surfaces of the plates may include afilling agent to fill holes that are formed in the mounting surface.

All the features disclosed in this specification, including anyaccompanying abstract and drawings, may be replaced by alternativefeatures serving the same, equivalent or similar purpose, unlessexpressly stated otherwise. Thus, unless expressly stated otherwise,each feature disclosed is one example only of a generic series ofequivalent or similar features.

It is noted that according to USA law 35 USC §112 (1), all claims mustbe supported by sufficient disclosure in the present patentspecification, and any material known to those skilled in the art neednot be explicitly disclosed. However, 35 USC §112 (6) requires thatstructures corresponding to functional limitations interpreted under 35USC §112 (6) must be explicitly disclosed in the patent specification.Moreover, the USPTO's Examination policy of initially treating andsearching prior art under the broadest interpretation of a “mean for”claim limitation implies that the broadest initial search on 112(6)functional limitation would have to be conducted to support a legallyvalid Examination on that USPTO policy for broadest interpretation of“mean for” claims. Accordingly, the USPTO will have discovered amultiplicity of prior art documents including disclosure of specificstructures and elements which are suitable to act as correspondingstructures to satisfy all functional limitations in the below claimsthat are interpreted under 35 USC §112 (6) when such correspondingstructures are not explicitly disclosed in the foregoing patentspecification. Therefore, for any invention element(s)/structure(s)corresponding to functional claim limitation(s), in the below claimsinterpreted under 35 USC §112 (6), which is/are not explicitly disclosedin the foregoing patent specification, yet do exist in the patent and/ornon-patent documents found during the course of USPTO searching,Applicant(s) incorporate all such functionally corresponding structuresand related enabling material herein by reference for the purpose ofproviding explicit structures that implement the functional meansclaimed. Applicant(s) request(s) that fact finders during any claimsconstruction proceedings and/or examination of patent allowabilityproperly identify and incorporate only the portions of each of thesedocuments discovered during the broadest interpretation search of 35 USC§112 (6) limitation, which exist in at least one of the patent and/ornon-patent documents found during the course of normal USPTO searchingand or supplied to the USPTO during prosecution. Applicant(s) alsoincorporate by reference the bibliographic citation information toidentify all such documents comprising functionally correspondingstructures and related enabling material as listed in any PTO Form-892or likewise any information disclosure statements (IDS) entered into thepresent patent application by the USPTO or Applicant(s) or any 3^(rd)parties. Applicant(s) also reserve its right to later amend the presentapplication to explicitly include citations to such documents and/orexplicitly include the functionally corresponding structures which wereincorporate by reference above.

Thus, for any invention element(s)/structure(s) corresponding tofunctional claim limitation(s), in the below claims, that areinterpreted under 35 USC §112 (6), which is/are not explicitly disclosedin the foregoing patent specification, Applicant(s) have explicitlyprescribed which documents and material to include the otherwise missingdisclosure, and have prescribed exactly which portions of such patentand/or non-patent documents should be incorporated by such reference forthe purpose of satisfying the disclosure requirements of 35 USC §112(6). Applicant(s) note that all the identified documents above which areincorporated by reference to satisfy 35 USC §112 (6) necessarily have afiling and/or publication date prior to that of the instant application,and thus are valid prior documents to incorporated by reference in theinstant application.

Having fully described at least one embodiment of the present invention,other equivalent or alternative methods of implementing an ornamentalcover that covers fissures and aberrations on corners of a buildingaccording to the present invention will be apparent to those skilled inthe art. Various aspects of the invention have been described above byway of illustration, and the specific embodiments disclosed are notintended to limit the invention to the particular forms disclosed. Theparticular implementation of the ornamental cover that covers fissuresand aberrations on corners of a building may vary depending upon theparticular context or application. By way of example, and notlimitation, the ornamental cover that covers fissures and aberrations oncorners of a building described in the foregoing were principallydirected to a cover having ornamental shapes and a hinged configurationand protrusions for covering and fastening to corners of buildingsdevice; however, similar techniques may instead be applied to spinningof a variety of liquids that are susceptible to formation of airbubbles, which implementations of the present invention are contemplatedas within the scope of the present invention. The invention is thus tocover all modifications, equivalents, and alternatives falling withinthe spirit and scope of the following claims. It is to be furtherunderstood that not all of the disclosed embodiments in the foregoingspecification will necessarily satisfy or achieve each of the objects,advantages, or improvements described in the foregoing specification.

Claim elements and steps herein may have been numbered and/or letteredsolely as an aid in readability and understanding. Any such numberingand lettering in itself is not intended to and should not be taken toindicate the ordering of elements and/or steps in the claims.

The corresponding structures, materials, acts, and equivalents of allmeans or step plus function elements in the claims below are intended toinclude any structure, material, or act for performing the function incombination with other claimed elements as specifically claimed.

The corresponding structures, materials, acts, and equivalents of allmeans or step plus function elements in the claims below are intended toinclude any structure, material, or act for performing the function incombination with other claimed elements as specifically claimed. Thedescription of the present invention has been presented for purposes ofillustration and description, but is not intended to be exhaustive orlimited to the invention in the form disclosed. Many modifications andvariations will be apparent to those of ordinary skill in the artwithout departing from the scope and spirit of the invention. Theembodiment was chosen and described in order to best explain theprinciples of the invention and the practical application, and to enableothers of ordinary skill in the art to understand the invention forvarious embodiments with various modifications as are suited to theparticular use contemplated.

The Abstract is provided to comply with 37 C.F.R. Section 1.72(b)requiring an abstract that will allow the reader to ascertain the natureand gist of the technical disclosure. It is submitted with theunderstanding that it will not be used to limit or interpret the scopeor meaning of the claims. The following claims are hereby incorporatedinto the detailed description, with each claim standing on its own as aseparate embodiment.

What is claimed is:
 1. A cover comprising: a first plate, said firstplate comprising a first inner surface, a first outer surface, at leastone first edge, and at least one first aperture, said first innersurface having a plurality of first protrusions, said at least one firstedge being configured into a first ornamental design; a second plate,said second plate comprising a second inner surface, a second outersurface, at least one second edge, and at least one second aperture,said second inner surface having a plurality of second protrusions, saidat least one second edge being configured into a second ornamentaldesign; a hinge, said hinge being disposed between said first plate andsaid second plate, said hinge configured to enable at least partialpivoting between said first plate and said second plate; and at leastone fastener, said at least one fastener being configured to at leastpartially pass through said at least one first aperture and said atleast one second aperture.
 2. The cover of claim 1, wherein said coveris configured to at least partially cover an aberration on a mountingsurface.
 3. The cover of claim 2, wherein said mounting surface includesat least one member selected from the group consisting of: a corner on astructure, a fascia, a cornice, a crown molding, a roof truss, a roofgutter, and a window pane.
 4. The cover of claim 3, wherein said firstplate and said second plate are fabricated from an aluminum alloy. 5.The cover of claim 4, wherein said cover is about 7 inches long andabout 5 inches wide.
 6. The cover of claim 5, wherein said first platepivots relative to said second plate about 20 degrees to about 180degrees.
 7. The cover of claim 6, wherein said first plate and saidsecond plate are concave or convex.
 8. The cover of claim 7, whereinsaid first ornamental design and said second ornamental design areconfigured into a floral arc.
 9. The cover of claim 8, wherein said atleast one first aperture comprises two holes.
 10. The cover of claim 9,wherein said at least one second aperture comprises two holes.
 11. Thecover of claim 10, wherein said plurality of first protrusions comprisea pointed terminus.
 12. The cover of claim 11, wherein said plurality offirst protrusions comprise seventeen protrusions.
 13. The cover of claim12, wherein said plurality of second protrusions comprise a pointedterminus.
 14. The cover of claim 13, wherein said plurality of secondprotrusions comprise seventeen protrusions.
 15. The cover of claim 14,further comprising at least one gasket.
 16. The cover of claim 15wherein the at least one gasket is four rubber O-rings.
 17. The cover ofclaim 16, wherein said rubber O-ring is disposed to position in said atleast one first aperture and said at least one second aperture at adepth of about ⅛ inches.
 18. The cover of claim 17, wherein said hingeis a fixed axis, said fixed axis configured to help restrict pivotingbetween said first plate and said second plate.
 19. A cover comprising:means for decorating a covering means; means for pivoting said coveringmeans to form an angled configuration; means for overlaying saidcovering means; means for cushioning said covering means; and means forfastening said covering means.
 20. A cover consisting of: a first plate,said first plate comprising a first inner surface, a first outersurface, at least one first edge, and at least one first aperture, saidfirst inner surface having a plurality of first protrusions, said atleast one first edge being configured into a first ornamental design,said first ornamental design comprising a floral arc; a second plate,said second plate comprising a second inner surface, a second outersurface, at least one second edge, and at least one second aperture,said second inner surface having a plurality of second protrusions, saidat least one second edge being configured into a second ornamentaldesign, said second ornamental design comprising said floral arc; ahinge, said hinge being disposed between said first plate and saidsecond plate, said hinge configured to enable at least partial pivotingbetween said first plate and said second plate between about 20 degreesto about 180 degrees; at least one fastener, said at least one fastenerbeing configured to at least partially pass through said at least onefirst aperture and said at least one second aperture; and at least onegasket, said at least one gasket disposed to position in said at leastone first aperture and said at least on second aperture at a depth ofabout ⅛ inches.